Child custody, moving out of state.
I want a divorce and want to move out of state. I want to take my 2 young children with me. I think it would be better to leave my 2 high school age children with their father. If I leave the state with my 2 young children, without the fathers consent can I be forced to bring them back? I plan on filing for Divorce as soon as i move to the new state. I will not file here. I need to get away from this state and his family. Should I file before i leave here or after I arrive in the new state. I have been told that if I file in the new state, it will have jurisdiction. Is this true? Can the father keep me from taking the children.
1 Answer from Attorneys
Re: Child custody, moving out of state.
Carefully review the rules of the state you plan on moving to. Many states require a waiting period after you first move there before you file. He cannot stop you from leaving the state with the kids without a court order so if you do decide to leave the state and file there make sure you have a lawyer on call here to counter whatever move he makes in CA courts. Interstate jurisdiction can get kind of messy and it is very fact specific. You may want to have a detailed consultation with someone here and in your target state before actually deciding what to do.
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201